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2000-012RESOLUTION NO. 2000R, 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 4158. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code a two-story senior assisted living and Alzheimer's care facility on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF JUAN YORBA ALLOTMENT IN THE RANCHO SANTIAGO DE SANTA ANA, DESCRIBED AS FOLLOWS: BEGINNING AT A BOLT MARKING THE POINT OF INTERSECTION OF A CURVE OF THE CENTER LINE OF THE SANTA ANA CANYON ROAD, AS DESCRIBED IN DEED RECORDED IN BOOK 171, PAGE 144 OF OFFICIAL RECORDS OF ORANGE COUNTY, SAID BOLT BEING LOCATED APPROXIMATELY 121.00 FEET EAST OF THE INTERSECTION OF SAID CENTERLINE BY THE WEST LINE OF SAID JUAN YORBA ALLOTMENT; THENCE NORTH 60 22' 55" EAST 306.34 FEET ALONG THE TANGENT OF SAID CURVE AND THE CENTER LINE OF SAID HIGHWAY TO A LINE PARALLEL WITH AND DISTANT SOUTHWESTERLY 249.22 FEET MEASURED ALONG SAID CENTER LINE FROM THE NORTHEASTERLY LINE OF LAND DESCRIBED IN DEED TO KARL AHRENS, RECORDED JANUARY 17, 1948 IN BOOK 1610, PAGE 545 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 29°|3'15"EAST, 411.74 FEET ALONG SAID PARALLEL LINE TO THE NORTHERLY LINE OF THAT CERTAIN 50.00 FOOT STRIP OF LAND DEEDED TO THE SANTA ANA VALLEY IRRIGATION COMPANY AND RECORDED OCTOBER 9, 1947 IN BOOK 1536, PAGE 437 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 78° 20' WEST 542.42 FEET ALONG SAID NORTHERLY LINE TO ITS INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 4 OF THE LAND OF E. WALTER PYNE, AS SHOWN ON LICENSED SURVEY MAP FILED IN BOOK 2, PAGE 19 OF RECORD OF SURVEYS OF SAID COUNTY; THENCE NORTH 3 50' 40" EAST 78.70 FEET ALONG SAID SOUTHERLY PROLONGATION TO THE TANGENT LINE OF SAID CURVE; THENCE NORTH 74" 10' 25H EAST 71.97 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE NORTHWESTERLY PORTION OF SAID LAND, AS DEEDED TO THE STATE OF CALIFORNIA FOR FREEWAY PURPOSES, BY DEED RECORDED JUNE 29, 1948 IN BOOK 1661, PAGE 227 OF OFFICIAL RECORDS, AND RE-RECORDED JULY 30, 1948 IN BOOK 1678, PAGE 214 OF OFFICIAL RECORDS; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC99-188 denying Conditional Use Permit No. 4158; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; and WHEREAS, the City Council does find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council, that all of the conditions and criteria set forth in Section 18.03.030.030 of the Anaheim Municipal Code are not present for the following reasons: 1. The proposed use is more intense in terms of land use and density than what would be permitted under the General Plan for residential land uses. 2. The proposed use has the potential to adversely affect the adjoining land uses because code compliant setbacks are not being provided to buffer and protect the adjacent land uses. 3. That the size of the property ms not adequate to allow the full development of the proposed use in a manner not detrimental to the general welfare as evidenced by the required waivers for setbacks and parking. 4. That the traffic generated by this use may cause a burden upon the public streets when vehicles are trying to enter or exit this property from Santa Ana Canyon Road at a driveway very close to the intersection with Anaheim Hills Road. -2- 5. That the proposed 24-hour operation with the waivers requested, may be detrimental to the peace, safety and general welfare of the citizens of Anaheim by not providing adequate buffers to protect them. WHEREAS, the City Council does further find and determine with regard to the requested waiver(s) of Anaheim Municipal Code requirements, other than the requested waiver of off-street parking requirements, as follows: 1. That there are no special circumstances applicable to the property which do not apply to other property in the same vicinity and zone; and 2. That strict application of the zoning code does not deprive the property of privileges enjoyed by other property in the same vicinity and zone. WHEREAS, the City Council does further find, after careful consideration of the action of the Planning Conunission and all evidence and reports offered at said public hearing before the City Council regarding said requested off-street parking requirement waiver, that all of the conditions set forth in Section 18.06,080 of the Anaheim Municipal Code are not present, and that said waiver should be denied, for the following reasons: 1. That the variance will cause an increase in traffic congestion in the immediate vicinity and adversely affect adjoining land uses because of the number of vehicles which would be generated by the approval of the proposed 41-unit institutional use and the lack of sufficient off-street parking to satisfy anticipated peak demands; and 2. That the granting of the variance will be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim due to the additional traffic congestion, traffic noise and lack of sufficient off-street parking spaces as required tO meet the anticipated parking demands during peak periods. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Conunission denying said conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code be, and the same is hereby, affirmed for the reasons hereinabove specified, and that the request to permit a two-story senior assisted living and Alzheimer's care facility be, and the same is hereby, denied. BE IT FURTHER RESOLVED that the time within which rehearings must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of final decisions must be sought is governed by -3- the provisions of Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 25th day of January, 2000. MA ~ YOR OF THE~M ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 34373.1 -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2000R-12 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 25th day of January, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 2000R-12 on the 25th day of January, 2000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 25th day of January, 2000. CITY OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 2000R-12 was duly passed and adopted by the City Council of the City of Anaheim on January 25th, 2000. IC~L'L'~O~OF THE CITY OF ANAHEIM